IN RE HEALTHCO INTERN., INC.

No. 02-9003.

310 F.3d 9 (2002)

In re: HEALTHCO INTERNATIONAL, INC., Debtor. William A. Brandt, Jr., Appellant, v. Lazard Freres & Co., LLC; Gemini Partners, L.P.; Hicks, Muse & Co. (TX), Healthco Holding Corp.; Thomas O. Hick; John R. Muse; Jack E. Furst, Hicks, Muse Equity Fund, L.P.; and HMC Partners, L.P., Appellees.

United States Court of Appeals, First Circuit.

Decided October 21, 2002.


Attorney(s) appearing for the Case

Daniel C. Cohn with whom David B. Madoff and Cohn, Kelakos, Khoury, Madoff & Whitesell L.L.P., were on brief for appellant.

Mark N. Parry with whom Moses & Singer L.L.P., David Lee Evans, D. Ethan Jeffery, and Hanify & King were on brief for appellees Gemini Partners, L.P., and Hicks, Muse & Co. (TX), Inc.

D. Ethan Jeffery for appellee Furst.

Kevin J. Lesinski, David C. Kurtz, Choate, Hall & Stewart, Thomas G. Rafferty, and Cravath, Swaine & Moore on brief for appellee Lazard Freres & Co. L.L.C.

Before SELYA, Circuit Judge, COFFIN and B. FLETCHER, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

William A. Brandt, Jr., Trustee for Healthco International, Inc. ("Trustee"), appeals a decision of the Bankruptcy Appellate Panel for the First Circuit ("BAP") that granted administrative priority to costs awarded to appellees after they successfully defended a post-petition lawsuit brought against them by the Trustee. Finding no error of law, we affirm.

I. Background

Healthco International, Inc., filed a voluntary...

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